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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My partner's ex wife breaks the parenting plan only when it is "convenient" for her. Does this null and void the plan.

The father of the child agreed to terms for fear of losing his child. 5 years later, the mother of the child does not enforce the parenting plan, and encourages the plan to be broken ESPECIALLY when it is in her benefit.

EX: Father is to have supervised visits. The mother of the child,... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 25, 2023

A parent's failure to comply does not void the court order. Either party can move to enforce the order with the court. Unless Mother has sole decision making, Father should have direct access to medical and educational records.

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally be forced to communicate with the mother of my children? They are 18, 16, 11. We have joint custody.

She has filed a no contact order and I signed it, but it has exceptions. Mainly, that we can communicate via a specific app and only if it is in the best interests of the children. Since signing that I have sent several messages concerning the children. One about who should tell them there is a no... Read more »

0 Answers | Asked in Family Law and Probate for Colorado on
Q: My grandmother passed away two years ago and my aunt and uncle refuse to show the will to anyone but themselves.

My mom has tried to talk with attorneys and police and also has tried to get a court hearing of some sort and NOTHING has been done. Our system here in this town is awful. I don't even know the first step to take to get this situation handled.

0 Answers | Asked in Divorce, Family Law, Banking and Civil Rights for Colorado on
Q: If I asked for a lawyer (while ex moved funds and hid assets) can the judge ignore my plee for proper representation?

Definitely looking for either pro Bono or contingency representation as I also believe my civil rights, business funds, and real estate have all been subjected resulting in a Rico case. I have evidence of Bank Fraud, Mortgage Fraud, Credit card fraud, identity theft, conspiracy to defraud etc...yet... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: In Colorado .. a civil protection order dismissed "without prejudice " can it be motioned to change to "with prejudice"
Steven  Visser
PREMIUM
Steven Visser
answered on Mar 15, 2023

In general no, once a civil protection order is dismissed "without prejudice", then the case is closed in the court system. Without prejudice means that the party who filed the civil protection order can refile it at a later time; however, it is worth noting that most courts would want... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: Can a mother win a trial for D&N case if she is the offending parent of a newborn? While fighting an open case.?

New baby with new father new case while separate case open with older child set for APR hearing.

Rebecca Pescador
Rebecca Pescador
answered on Mar 13, 2023

I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.

Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible....
Read more »

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can the same social worker and guardian am litem be appointed in a second case with a mother and child when a new father

2 cps d&n cases same workers appointed and using states of first case to new case with new father involved

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: Are there lawyers who will work on a contingency basis for civil rights violations in DNN cases file suits to go supreme

I need lawyers to help defend violations of civil rights by human services case workers judges and lawyers and commit extortion harassment discrimination and retaliation guilty of kidnapping disabled child and social worker purges herself on the stand during a contested hearing of treatment plan... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

Yes, there are lawyers who work on a contingency basis for civil rights violations, including cases involving violations by human services case workers, judges, and lawyers. These lawyers typically work on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 9, 2023

Generally yes, however it depends on what your court order says. generally a fit parent can delegate care to others of his or her choosing.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... Read more »

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5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

No. Colorado does not permit jury trials for divorce matters.

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Colorado on
Q: is it fair whenAjudge lets the opposing party2agree onAcontinuance,when the askingParty was not givenAsufficient notice?

How is it fair When a Judge lets the opposing party 2 agree on A continuance,when the Asking Party was not Given A Sufficient notice? Of course the opposing party is going to disagree with the request because it would give the requesting party time to obtain counsel or dispute the facts. So how... Read more »

Steven  Visser
PREMIUM
Steven Visser
answered on Mar 8, 2023

A continuance can be granted by a Court for any number of reasons but usually it needs to be for good cause. The granting or denial of a request to continue a hearing is within the discretion of the Court.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Colorado on
Q: What is considered a sufficient (minimum) amount of time to be given a notice of a family court hearing In hours or day?

So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... Read more »

2 Answers | Asked in Family Law for Colorado on
Q: If you have Sole decision making, and the other parent only gets supervised visitation, can you move out of state?
Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 8, 2023

Relocation is a completely separate matter. You have to have consent or a court order to relocate.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the legal term when a parent gets a quick/rushed custody order, as the child is in danger with the other parent
Jeremy Monckton
Jeremy Monckton
answered on Mar 7, 2023

A motion to restrict parenting time is brought pursuant to C.R.S. 14-10-129(4), and is an emergency motion asking the court to prohibit all unsupervised parenting time with the children by the other parent because the children are in imminent danger of physical or emotional harm with that parent.... Read more »

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0 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: My 17yr old sister is pregnant and her partner is trying to force her into abortion. what are her rights

he is threatening her that if she doesn't get the abortion then he will make her life hell and have her served with custody papers the day she gives birth and he will make sure she never gets to see the child.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Is it true that in co they lifted all retrictions on driver license when revoked for child support or delinquent fines a
Steven  Visser
PREMIUM
Steven Visser
answered on Mar 3, 2023

While Colorado may lift restrictions on someone's driver's license for failing to register their vehicle, failing to pay traffic related fines, and certain criminal offenses, your driver's license can still be suspended for failing to pay child support. This is pursuant to C.R.S. §... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Mar 2, 2023

Most likely it means that your request was granted. However without seeing the order it is hard to say. Each courthouse has a self represented litigants center. They might be able to help you.

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